ILR vs Visa Extension

[hsmp2006]

Dear All

I came to UK in Dec 2006 and eligible for ILR in Dec 2011. However, I spent my initial 11 months in Belfast with frequent travel to Dublin since I was employed by an Irish firm.

I was still a resident of UK during this period and have declared my Irish income in my 2007-2008 UK tax return. As a proof of stay in UK, I have a rental agreement for 5 months, and 2 months of hotel stay. For remaining period, I was staying with a friend and hence don't have any proof.

I am with two minds - whether to apply for ILR or take an extension and go for ILR in 2012?

Will any PEO check for my ILR eligibility before payment is made? If they think I am not eligible, can I apply for Tier-1 extension instead on the same day.

Any expert advise and/or personal experiences deeply appreciated.

Thanks in Advance,
hsmp2006.

[geriatrix]

1. Did you have a Irish WP to allow you to work in the republic? If yes, a clear indication of employment (and residence) outside UK. You may however be able to prove differently if you were working in Ireland on "overseas assignment authorized by employer while being employed in UK".
2. "Irish income in UK tax return" doesn't change the fact that the income was generated outside the UK.
3. Being resident in Belfast during the time you were employed in Dublin may help but again depends (whether it will) on the evidence(s) you are able to provide to prove "continuous residency in the UK" during that period.

A PEO appointment is for a specific (selected) type of application. I don't think you'll be able to change the type of application and use the appointment to apply for another type.

IMHO ....

[hsmp2006]

Thanks sushdmehta.

I was working for a global consulting firm with a branch in Ireland. Though I was paid in Euros, I lived and worked in Belfast/UK for most of the year except for occasional 1-2 day travel to Dublin. I am legally required to pay tax since I was a resident of UK having spent more than 180 days in the financial year.

Also, I was commuting by train between Belfast and Dublin. There is no immigration check between these two cities if you travel by train. So, my passport doesn't have entry/exit stamps.

However, if "Being economically active" has to be from the income earned in UK, then I won't be qualified. Probably its a close call and can go either way.

Thanks again.

[geriatrix]

I lived and worked in Belfast/UK for most of the year except for occasional 1-2 day travel to Dublin.

In your favour.

Was your income (in Euros) deposited in a UK bank account or overseas (Ireland or other) or in combination of both?

[hsmp2006]

I lived and worked in Belfast/UK for most of the year except for occasional 1-2 day travel to Dublin.

In your favour.

Was your income (in Euros) deposited in a UK bank account or overseas (Ireland or other) or in combination of both?

Combination of both. Initial 3 months were in UK account and the next 7 months in Irish account.

[geriatrix]

If the caseworker gets down to digging details in your application, I believe he / she wouldn't term is as "straightforward" - for the year in question, at least.

During the year in question:
1. Ordinarily resident in and working from Belfast, but
2. Income and associated tax paid in Ireland for majority of the months.

It can go either way - subject to caseworker discretion - which in turn will depend on the evidence(s) you can provide to prove that you meet the settlement requirements.